Supreme Court of Alabama
Kenneth R. Adams v. Tractor & Equipment Co., Inc.
May 1, 20152015 Ala. LEXIS 55
Summary
The court reversed the summary judgment against Adams on TEC's breach-of-guaranty claim and remanded for further proceedings. Although Adams did not timely plead his Statute of Frauds defenses, the court held that his affidavit denying that he signed the guaranty was properly before the circuit court and created a genuine issue of material fact. The court concluded that the attorney's earlier Rule 56(f) affidavit did not conclusively bind Adams or justify disregarding his later sworn denial.